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Focusing on arbitral decisions on human rights claims arising in the employment context, this paper looks at the nature of the expertise of adminis- trative tribunals and its role in determining the standard of judicial review. The author notes that arbitrators are considered to have expertise in labour rela- tions, and that this has been a key factor in the high level of deference generally shown by courts to their decisions. However, despite the expansion of arbitral jurisdiction over human rights matters in unionized workplaces, the courts, applying a "correctness" standard of review, have refused to grant deference to arbitrators with respect to their interpretation and application of human rights legislation, in part on the basis that they are not expert in the area. The author takes issue with this view, contending that arbitrators have in fact acquired significant expertise in interpreting human rights statutes in the context of the employment relationship, and that recognition of such expertise should lead to a reappraisal of the level of curial deference. In this regard, he argues, it would be open to the courts to deem arbitrators to possess the requisite expertise in human rights, thereby justifying a more deferential "reasonableness" standard of review.
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Controversy shrouds sharing economy platforms. It stems partially from the platforms’ economic impact, which is felt most acutely in certain sectors: Uber drivers compete with taxi drivers; Airbnb hosts compete with hotels. Other consequences lie elsewhere: Uber is associated with a trend toward low-paying, precarious work, whereas Airbnb is accused of exacerbating real estate speculation and raising the cost of long-term rental housing. While governments in some jurisdictions have attempted to rein in the platforms, technology has enabled such companies to bypass conventional regulatory categories, generating accusations of “unfair competition” as well as debates about the merits of existing regulatory regimes. Indeed, the platforms blur a number of familiar distinctions, including personal versus commercial activity; infrastructure versus content; contractual autonomy versus hierarchical control. These ambiguities can stymie legal regimes that rely on these distinctions as organizing principles, including those relating to labour, competition, tax, insurance, information, the prohibition of discrimination, as well as specialized sectoral regulation. This book is organized around five themes: technologies of regulation; regulating technology; the sites of regulation (local to global); regulating markets; and regulating labour. Together, the chapters offer a rich variety of insights on the regulation of the sharing economy, both in terms of the traditional areas of law they bring to bear, and the theoretical perspectives that inform their analysis. --Publisher's description. Contents: Introduction: The “sharing economy” through the lens of law / Finn Makela, Derek McKee, and Teresa Scassa. Part 1: Technologies of regulation. Peer platform markets and licensing regimes / Derek McKee -- The false promise of the sharing economy / Harry Arthurs -- The fast to the furious / Nofar Sheffi. Part 2: Regulating technology. The normative ecology of disruptive technology / Vincent Gautrais -- Information law in the platform economy: Ownership, control, and reuse of platform data / Teresa Scassa. Part 3: The space of regulation—local to global. Urban cowboy e-capitalism meets dysfunctional municipal policy-making: What the Uber story tells us about Canadian local governance / Mariana Valverde -- The sharing economy and trade agreements: The challenge to domestic regulation / Michael Geist. Part 4: Regulating Markets. Should licence plate owners be compensated when Uber comes to town? / Eran Kaplinsky -- Competition law and policy issues in the sharing economy / Francesco Ducci. Part 5: Regulating labour. The legal framework for digital platform work: The French experience / Marie-Cécile Escande-Varniol -- Uber and the unmaking and remaking of taxi capitalisms: Technology, Law, and Resistance in Historical Perspective / Eric Tucker -- Making sense of the public discourse on Airbnb and Labour: What about labour rights? / Sabrina Tremblay-Huet.
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